No. 477, Docket 74-2138.

514 F.2d 125 (1975)

Janet GOTKIN and Paul Gotkin, Individually and on behalf of all persons similarly situated, Plaintiffs-Appellants, v. Alan D. MILLER, Individually and as Commissioner of Mental Hygiene of the State of New York, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 17, 1975.

Attorney(s) appearing for the Case

Christopher A. Hansen, Mental Health Law Project, New York City (Bruce J. Ennis, New York Civil Liberties Union and Mental Health Law Project, New York City, on the brief), for plaintiffs-appellants.

Maria L. Marcus, Asst. Atty. Gen. for the State of New York (Louis J. Lefkowitz, Atty. Gen., on the brief, Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for defendants-appellees Alan D. Miller and Morton B. Wallach.

Melvyn B. Ruskin, Mineola, N. Y. (Lippe, Ruskin & Schlissel, P. C., Mineola, N. Y., on the brief, Michael L. Faltischek, Mineola, N. Y., of counsel), for defendant-appellee Charles J. Rabiner.

Robert Conrad, New York City (Goldwater & Flynn, New York City, on the brief, George Kossoy, New York City, of counsel), for defendant-appellee Marvin Lipkowitz.

Steven J. Stein, New York City (Proskauer, Rose, Goetz & Mendelsohn, New York City, on the brief, Jacob Imberman, John L. Greenthal, New York City, of counsel), for Hospital Association of New York State, amicus curiae.

Before Hays and FEINBERG, Circuit Judges, and HOLDEN, District Judge.

HAYS, Circuit Judge:

Janet Gotkin, a former mental patient, and her husband Paul brought an action in the United States District Court for the Eastern District of New York under 42 U.S.C. § 1983 and 28 U.S.C. § 1343 (1970) seeking to have Mrs. Gotkin's records at Brooklyn State Hospital, Long Island Jewish-Hillside Medical Center, and Gracie Square Hospital made available to her. Judge Travia granted summary judgment in favor of the defendants. He held that...

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